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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Dec 31, 2007

Putnam v. County of Steuben

This case involves an appeal from a judgment entered upon a jury verdict in favor of plaintiffs on their cause of action for malicious prosecution. The defendant appealed the judgment, challenging the liability verdict and the award of damages. The Appellate Division affirmed the trial court's denial of the defendant's motion to set aside the liability verdict, concluding that the jury rationally found the defendant's employees acted with reckless disregard for the plaintiff's rights by initiating a criminal prosecution without probable cause. Additionally, the court granted the plaintiffs' cross-appeal, determining that the lower court erred in setting aside the damages award, as damages for malicious prosecution can include those for arrest and imprisonment, and no false arrest claim was present to necessitate a separate instruction on avoiding duplicate awards. The judgment was unanimously affirmed without costs, and the order was modified to deny the defendant’s postjudgment motion in its entirety.

Malicious ProsecutionJury VerdictDamages AwardLiabilityCriminal ProsecutionProbable CauseActual MaliceFalse InstrumentAcquittalPostjudgment Motion
References
15
Case No. MISSING
Regular Panel Decision

I.G. Second Generation Partners, L.P. v. Reade

This case concerns an appeal from multiple orders of the Supreme Court, New York County, presided over by Justice Alice Schlesinger. The appellate court unanimously affirmed the dismissal of plaintiffs' claims for malicious prosecution, abuse of process, tortious interference with contract, and breach of implied contract. The court found that the malicious prosecution claim lacked probable cause, emphasizing that a prior judgment against the plaintiffs created a presumption of probable cause not overcome by subsequent reversal. The abuse of process claim failed as there was no indication of perverted use of process for a collateral advantage. Furthermore, the tortious interference claim was barred by the Noerr-Pennington doctrine, and proposed amendments for implied contract theories were properly denied due to a lack of meeting of the minds and absence of unjust enrichment.

malicious prosecutionabuse of processtortious interference with contractbreach of implied contractNoerr-Pennington doctrineprobable causeamendment of complaintunjust enrichmentaffirmationappellate review
References
17
Case No. MISSING
Regular Panel Decision

Paisley v. Coin Device Corp.

Plaintiffs Dougal Paisley and Rohan Christie, employees of Coin Device Corporation, were terminated after being arrested for missing money, despite charges being dismissed. They subsequently filed an action against Coin Device Corporation, Biju Thomas, and Brian Gibbons, alleging malicious prosecution, wrongful termination, negligence, and loss of consortium. The Supreme Court initially denied the defendants' motion to dismiss these claims. On appeal, the higher court reversed this decision, ruling that the defendants were not liable for malicious prosecution as they merely provided information to the police, who made the arrest decision. Furthermore, the court found the wrongful termination claims invalid due to the plaintiffs' at-will employment status, and the negligence claims barred by Workers' Compensation Law, leading to the dismissal of all specified claims against the appellants.

malicious prosecutionwrongful terminationnegligenceloss of consortiumpunitive damagesat-will employmentWorkers' Compensation LawCPLR 3211appealemployer liability
References
7
Case No. MISSING
Regular Panel Decision

Lehman v. Kornblau

The plaintiff, Martin A. Lehman, an orthopedic surgeon, initiated a lawsuit against a large group of defendants, including government officials and insurance entities, alleging a conspiracy to maliciously prosecute him for insurance fraud. The core of his claim involves an entrapment scheme using undercover "patients" who later allegedly perjured themselves during grand jury testimony. The court ruled on motions to dismiss, granting them in part and denying them in part, resulting in the dismissal of several claims and defendants. Specifically, claims for conspiracy, unwarranted search, perjury, and entrapment were dismissed entirely, as was a general constitutional claim. However, claims for false arrest and malicious prosecution against certain county and postal service defendants, and a defamation claim against District Attorney Dillon, A.D.A. Kornblau, and Nassau County, were allowed to proceed. The court also deferred decisions on various immunity defenses, allowing for further discovery.

Malicious ProsecutionFalse ArrestInsurance FraudCivil Rights LitigationSection 1983DefamationProsecutorial ImmunityQualified ImmunitySovereign ImmunityGrand Jury Perjury
References
66
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. MISSING
Regular Panel Decision

MacTaggart v. Gibbs & Cox. Inc.

This appeal concerns the dismissal of an action for failure to prosecute for over five years. The plaintiffs' primary excuse for the delay was their involvement in another litigation concerning similar issues. However, the court found that the issues in the two cases were not identical, and a significant period of a year and a half elapsed after the conclusion of the prior litigation without any further action on the present case. The court also considered the prejudice to the defendant, noting the difficulty and impracticability of recouping extra costs from clients related to contracts completed between February 1944 and December 1945. Consequently, the court affirmed the dismissal of the action.

failure to prosecutedismissal of actionappellate reviewdiscretionary powerprejudice to defendantdelay in litigationstipulationsamended complaintnote of issueextra compensation
References
1
Case No. MISSING
Regular Panel Decision

Rine v. Chase

The plaintiff appealed an order and judgment from the Supreme Court, Nassau County, which dismissed claims of defamation and malicious prosecution against a certified social worker. The social worker had reported suspected child abuse based on therapy sessions, which was later deemed unfounded. The defendant moved for summary judgment, asserting immunity under Social Services Law § 419 for good faith reporting. The appellate court affirmed the dismissal, finding the defendant demonstrated reasonable cause and good faith, and the plaintiff failed to present sufficient evidence of misconduct, gross negligence, or actual malice to overcome the statutory immunity. The appeal from the intermediate order was dismissed as it merged with the final judgment.

DefamationMalicious ProsecutionChild Abuse ReportingSocial Services Law § 419Qualified ImmunitySummary JudgmentAppellate ProcedureGood FaithGross NegligenceActual Malice
References
7
Case No. MISSING
Regular Panel Decision

BCRE 230 Riverside v. Fuchs

This case concerns an appeal of two orders from the Supreme Court, New York County. The first order granted the plaintiff's motion to vacate a prior order that allowed the defendant to amend counterclaims and subsequently dismissed those counterclaims. The second order denied the defendant's motion to renew the first order concerning a defamation counterclaim. The appellate court unanimously affirmed both lower court orders, finding the defendant's proposed counterclaims for defamation, injurious falsehood, and malicious prosecution to be palpably insufficient as a matter of law due to failures in meeting pleading requirements for particularity, malice, and special damages. The court also rejected the defendant's argument for discovery and found the facts presented for renewal were not new or would not alter the prior determination.

DefamationInjurious FalsehoodMalicious ProsecutionCounterclaimsMotion to VacateMotion to RenewPleading RequirementsCPLR 3016(a)ParticularitySpecial Damages
References
16
Case No. MISSING
Regular Panel Decision

Barbaro v. New York City Employees' Retirement System

The court addressed two consolidated CPLR Article 78 proceedings concerning whether petitioners' dismissal from the Department of Sanitation was effective prior to the vesting of their deferred retirement allowances. Petitioners, Waldeck and Barbaro, applied for the allowance, which vests if an employee is not dismissed within 30 days of application. Respondents, the Department of Sanitation and New York City Employees’ Retirement System, contended that petitioners were dismissed before the vesting date. The court found discrepancies in the dismissal documentation, a lack of explanation from a key witness (Commissioner Sexton), and insufficient proof that the dismissal notices were properly served according to Civil Service Law § 76. Consequently, the court concluded that the dismissals were not effective by the critical date, entitling petitioners to their vested retirement allowances.

Deferred Retirement AllowanceAdministrative DismissalCPLR Article 78Vested RightsDue ProcessService of NoticeCivil Service LawPublic EmployeesDepartment of SanitationNew York City Employees’ Retirement System
References
0
Case No. MISSING
Regular Panel Decision

Claim of Kowalczyk v. Brooklyn Terminal Stores

The claimant-appellant filed a motion seeking permission to prosecute an appeal as a poor person and requesting assignment of counsel. The court partially granted the motion, allowing the appeal to proceed based on the board’s original file and seven copies of a brief and appendix from the reconsideration application. All other aspects of the motion were denied. The court specified that its review on appeal would be limited to assessing whether the board’s denial of reconsideration was arbitrary or capricious. Justices Mahoney, Sweeney, Main, Mikoll, and Herlihy concurred in this decision.

poor person appealassignment of counseldenial of reconsiderationarbitrary and capricious standardappellate proceduremotion practiceworkers' compensation board
References
1
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